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HomeMy WebLinkAboutPO 6231: AMENDING ELECTION ORDINANCE TO INCLUDE UPDATED PRECINCTS • 1 Office of the City Secretary Memorandum TO: Mayor, City Council and Acting City Manager FROM: City Secretary Sherri Bellard Assistant City Secretary Kelly Moore DATE: April 12, 2012 SUBJECT: P.O. No. 6231; Amending Ordinance No. 12 -25 COMMENT Attached please find P.O. 6231 pertaining to the General & Special Election to be held May 12, 2012. Due to the current redistricting plans, we are amending Ordinance 12 -25 to include the updated precincts approved by the State of Texas. Thank you. P.O. No. 6231 04/12/12 sb ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 12 -25 PROVIDING FOR THE CONDUCT OF THE MAY 12, 2012 GENERAL AND SPECIAL ELECTION FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR DISTRICTS 5 AND 6 AND TO SUBMIT A PROPOSITION AS TO WHETHER OR NOT THE EXISTING SECTION 4A SALES TAX SHALL BE UTILIZED FOR A SPECIFIC CATEGORY OF PROJECTS THAT QUALIFY UNDER CHAPTER 505, TEXAS LOCAL GOVERNMENT CODE, IN THE CITY OF PORT ARTHUR, TEXAS; AND PROVIDING FOR A JOINT ELECTION WITH THE SABINE PASS PORT AUTHORITY AND AMENDING THE VOTING PRECINCTS IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE WHEREAS, the City of Port Arthur is a home rule city with a governing body composed of a Mayor and eight (8) Councilmembers as delineated below: District / Term Expiration of Term Position Mayor Prince 3 year May 2013 Councilmembers: Raymond Scott, Jr. 1 3 year May 2014 Elizabeth "Liz" Segier 2 3 year May 2014 Morris Albright 3 3 year May 2014 Harold L. Doucet 4 3 year May 2014 John Beard, Jr. 5 3 year May 2012 Robert Williamson 6 3 year May 2012 Derrick Freeman 7 3 year May 2014 Kerry "Twin" Thomas 8 3 year May 2014 WHEREAS, the terms for Districts 5 and 6 will expire May 2012; and s.po6231 Page 1 WHEREAS, pursuant to Section 504.152(a) of the Texas Local Government Code, the City Council is authorized to call a Special Election on the usage of Section 4A sales tax for a specific category of projects that qualify under Chapter 505 of the Texas Local Government Code; and WHEREAS, the City Council desires to submit a proposition to the voters thereon, said proposition being described in Exhibit "A -1" to the Order attached hereto as Exhibit "A "; and WHEREAS, the City of Port Arthur utilizes Jefferson County voting precincts to determine election day voting locations for its municipal elections; and WHEREAS, since the adoption of Ordinance No. 12 -25, the governing body for Jefferson County voted to accept the state mandated interim voting precinct map; and WHEREAS, due to precinct changes, it was necessary for the City of Port Arthur to amend Exhibit "A -2 "; and WHEREAS, pursuant to Section 3.004 and Section 41.001 of the Texas Election Code, the City Council has ordered a General and Special Election to be held jointly with the Sabine Pass Port Authority on the second Saturday in May, 2012, the same being May 12, 2012, between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of electing Councilmembers in Districts 5 and 6, and submitting a Proposition, said order being attached at Exhibit "A ". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. s.po6231 Page 2 Section 2. That Ordinance No. 12 -25 is herein amended as to change the voting precincts denoted in Exhibit "A -2 ". Section 3. That the General Election is hereby ordered to be held on May 12, 2012, for the purpose of electing Councilmember to Districts 5 and 6. A copy of said Order and Notice of election is attached hereto as Exhibit "A ". Section 4. That pursuant to the provisions of the Texas Election Code and Article III, Section 7 of the City Charter of the City of Port Arthur, it is hereby ordered that the ballot for said General Election shall include a place for each vacant Council position. Section 5. That one (1) voting place shall be provided, (as shown in Exhibit "A- 2" to the proposed Order and Notice of Election, attached hereto as Exhibit "A ") within each of the precincts or combined precincts into which the City is divided for voting purposes. Section 6. That all persons are qualified to vote at said election, who are qualified voters under the Constitution and Laws of the State of Texas and the City Charter. Section 7. That the term of office of the person elected as for each Council position shall be for a period of three (3) years and until his /her respective successor shall have been elected and duly qualified. Section 8. That pursuant to Section 504.152 Texas Local Government Code, the City Council is authorized to call an Election on the usage of Section 4A (Type A) sales tax for categories of projects under Section 4B (Type B) under Chapter 505 of the Texas Local Government Code. s.po6231 Page 3 Section 9. That a Special Election is hereby ordered to be held on May 12, 2012 to submit a proposition authorizing the Type A corporation to use the sales and use tax imposed under Chapter 504 of the Texas Local Government Code for a specific category of projects that qualify for Type B corporations as specified under Chapter 505 of the Texas Local Government Code. A copy of said Order and Notice of Election is attached hereto as Exhibit "A ", with the proposition being attached as Exhibit "A -1" thereto, and the polling locations being attached as Exhibit "A -2" thereto. Section 10. That said election shall be by Electronic Voting System as authorized in Texas Election Code Sec. 123.001. Early voting shall be conducted at the locations shown on Exhibit "A" attached hereto; and shall be under the control and supervision of the City Secretary. This includes the usage of electronic voting equipment certified by the Secretary of State. Section 11. That the Robert E. "Bob" Bowers Civic Center at 3401 Cultural Center Drive is hereby designated as the "Counting Station" to receive and tabulate voted ballots. Section 12. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet on May 23, 2012, which is within eleven (11) days following election day (May 12, 2012) and officially canvass the returns and declare the results of said Election. The respective candidate receiving a majority of the votes cast at said election for Districts 5 and 6 shall be declared to be elected. A runoff election shall be held as provided in Section 2.025(a) of the Texas Election Code on June 30, 2012, after the final canvass is completed in the event that a s.po6231 Page 4 candidate does not receive the majority of votes cast in the General Election for Council Districts 5 and 6. Section 13. That each candidate for an office for which this election is to be held must be at least twenty -one (21) years of age, a citizen and qualified voter of the State of Texas and the City of Port Arthur, shall have resided twelve (12) months in the State and twelve (12) months in the City of Port Arthur and six (6) months in their District from which elected immediately preceding election day. Section 14. That in accordance with Texas Election Code Sections 141.031, 143.005, and 143.007 and Section 5 of Article III of the City Charter, each candidate has filed an application with the City Secretary before 5 p.m., March 5, 2012 and not earlier than February 4, 2012, stating that he /she is fully qualified under the laws of the State of Texas and the Charter of said City to hold the office he /she seeks. Each application includes a statement that the candidate is aware of the nepotism law, Chapter 573 Government Code, V.T.C.A., as required by Election Code Section 141.031. Section 15. That the City Secretary has, under her official hand and seal, certified the list of candidates to the City Council and shall cause the names of candidates in such election to be published in the City's official newspaper prior to commencement of early voting; and shall also post such names in a conspicuous place in her office. Section 16. That the conduct of such election shall be in accordance with the requirements of the Voting Rights Act, the Federal Help America Vote Act (HAVA) and the rules of the Department of Justice, including provisions for bilingual assistance, s.po6231 Page 5 notices, instructions, ballots, and other written materials and information relating to the electoral process, for which presentation and assistance is required. Section 17. That in accordance with Chapter 32 of the Election Code, and Article III, Section 4 of the City Charter, the City Council appointed the following on March 20, 2012: • Presiding Judges for each polling place as set forth in Sections 32.031 and 32.032 of the Texas Election Code and with such compensation as to be set by the City Council per Sections 32.091 and 32.092 of the Texas Election Code • Manager of the Counting Station with such duties as set forth in Section 127.002 of the Texas Election Code and with such compensation as to be set by the City Council • Tabulation Supervisor of the Counting Station with such duties as set forth in Section 127.003 of the Texas Election Code and with such compensation as to be set by the City Council • Presiding Judge and Alternate Presiding Judge of the Counting Station with duties and compensation as set forth in Section 127.005 of the Texas Election Code and with such compensation as to be set by the City Council • Early Voting Ballot Board with such duties as delineated in Section 87.002 of the Election Code which includes the processing of early voting results, mail ballots and provisional ballots from the Voter Registrar and with such compensation as to be set by the City Council per Section 87.005 of the Election Code • Signature Verification Committee if requested by the Early Voting Clerk pursuant to Section 87.027 of the Texas Election Code s.po6231 Page 6 Section 18. That In addition to the election officers to be designated and appointed, Javier Cabanillas, a registered voter of Jefferson County who reads and speaks the Spanish language fluently, as well as Huy Tran, a registered voter in Jefferson County who reads and speaks the Vietnamese language fluently, are hereby appointed as election officers to be on call on a standby basis to render personal assistance to any voter requesting personal assistance at polling places on Election Day and during Early Voting in accordance with the Election Laws at a sum of $15 per hour. Before serving as an interpreter, Javier Cabanillas and Huy Tran shall take the oath as delineated in Section 61.035 of the Election Code. The City Secretary shall place placards that Spanish and Vietnamese interpreters are available via cell phone and listing their phone numbers. If a person needs assistance, the interpreters will visit the polling locations. Written translations of election documents shall be paid in the sum of $0.10 per word, subject to the limitations of the Texas Election Code and with such qualifications as delineated in the Election Code. Section 19. That the Judges and the Alternate Judges shall be paid the sum of ten ($10.00) dollars per hour and the Election Clerks shall be paid the sum of eight ($8.00) dollars per hour, subject to the limitations of Sections 32.091 through 32.094 of the Texas Election Code. The Judge who delivers the returns of the Election shall be further paid the amount of twenty -five ($25.00) dollars for that service. Section 20. That the City Secretary is hereby directed to cause the official ballots for use at said Election to be prepared in the manner prescribed by Article III, of the Charter and the Texas Election Code. Section 21. That this General and Special Election shall be held jointly with the Sabine Pass Port Authority in accordance with Chapter 271 of the Texas Election Code. s.po6231 Page 7 The City Secretary of the City of Port Arthur agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election Code and as outlined in the terms of the executed agreement contained in Exhibit "D ". Section 22. That the City of Port Neches shall conduct their own election and share the Taft Elementary polling location located at 2500 Taft Avenue on Election Day with the City of Port Arthur. Section 23. That the Mayor shall cause notice of the General and Special Election to be given in accordance with Section 4.003 of the Texas Election Code by publishing a copy of the Notice of Election in the official newspaper of the City of Port Arthur at least one (1) time, not earlier than the thirtieth (30 day nor later than the tenth (10 day before Election Day; and a copy of this Ordinance together with a copy of said Notice shall be filed in the office of the City Secretary and another copy of said notice shall be posted on the bulletin board used for posting notices of the meetings of the City Council of the City of Port Arthur at least twenty -one (21) days before the election. Section 24. That the Notice of Election shall include the location of each polling place and shall comply with Exhibit "A" attached and made part hereof. Section 25. That the City Attorney shall prepare and file the necessary submission to the Justice Department as required under Section 5 of the Voting Rights Act. Section 26. That this Ordinance shall take effect immediately from and after its passage. s.po6231 Page 8 Section 27. That a copy of this Ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2012, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers • • NOES: DELORIS PRINCE, MAYOR ATTEST: SHERRI BELLARD CITY SECRETARY APPROVED AS TO FORM: A ! Air �� VA ECIA TITNO TY AttO RNEY APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P.E., ACTING CITY MANAGER s.po6231 Page 9 EXHIBIT "A" s.po6231 Page 10 Exhibit "A" ORDER AND NOTICE OF A GENERAL & SPECIAL ELECTION TO BE HELD JOINTLY WITH THE SABINE PASS PORT AUTHORITY IN THE CITY OF PORT ARTHUR, TEXAS JEFFERSON COUNTY TEXAS Notice is hereby given that the City of Port Arthur will hold a Joint Election in conjunction with the Sabine Pass Port Authority on Saturday, May 12, 2012, between the hours 7:00 a.m. and 7:00 p.m. I, Deloris "Bobbie" Prince, Mayor of the City of Port Arthur, Texas, as authorized by the City Council, do hereby Order and give Notice of a General & Special Election to be held in the City of Port Arthur, Texas, on Saturday, May 12, 2012, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for Districts 5 & 6 and to submit a Proposition to the voters as to the usage of Section 4A funds for Section 4B categories as delineated in Exhibit "A -1" The term of office for the Councilmembers will be for three (3) years and until his /her respective successor shall have been elected and duly qualified. Candidates may file an application with the City Secretary for a place on the ballot beginning February 4, 2012 (the first business day to file being February 6, 2012) through March 5, 2012. Said election shall be by Electronic Voting System as provided in Section 123.001 of the Election Code, Section 9.004, et seq., Local Government Code and the City Charter. The location of each polling place is shown on Exhibit "A -2 ". Early voting by personal appearance will be conducted each weekday at the following locations between the hours of 8:00 a.m. and 5:00 p.m. beginning on April 30, 2012 and ending on May 8, 2012: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Sabine Pass School, 5641 South Gulfway Drive Early voting by personal appearance will be conducted on Friday, May 4, 2012, and on Tuesday, May 8, 2012, between the hours of 8:00 a.m. and 8:00 p.m. at the following location of the main early voting polling place: City Hall, 444 Fourth Street s.po6231 Page 11 Exhibit "A" Page 2 ORDER AND NOTICE OF GENERAL ELECTION TO BE HELD MAY 12, 2012 Please contact the City Secretary's Office at (409) 983 -8115 for an Application for a Ballot by Mail. Applications for a Ballot by Mail shall be mailed to: City of Port Arthur Or City of Port Arthur City Secretary Sherri Bellard City Secretary Sherri Bellard Post Office Box 1089 444 Fourth Street Port Arthur, Texas 77641 -1089 Port Arthur, Texas 77640 Applications for Mail Ballots must be received no later than the close of business on Friday, May 4, 2012. Issued this day of , 2012. Deloris "Bobbie" Prince, Mayor City of Port Arthur s.po6231 Page 12 EXHIBIT "A -1" s.po6231 Page 13 Exhibit "A -1" PROPOSITION PROPOSITION: "For the next three (3) years, commencing on October 1, 2012, and extending until September 30, 2015, shall the existing Section 4A Sales and Use Tax within the City of Port Arthur be utilized for cost of children's and amateur sport and athletic purposes, facilities, improvements and events, including baseball and softball fields, soccer fields, football fields, tennis courts, water sports, trails and related concessions, automobile parking, area transportation, road, street, water and sewer facilities, other targeted infrastructure, and related landscaping improvements and maintenance and operations expenses for any of the above - described projects and facilities, which are a category of projects under Section 4B, Chapter 505, Texas Local Government Code with the condition that the total spending on the referenced Section 4B projects and facilities by the City of Port Arthur Section 4A Economic Development Corporation will not exceed $500,000 per year. Said period of time can be extended for an additional three (3) years by the City Council of the City of Port Arthur, Texas, by a 2/3 vote of the City Council after reviewing public comments on the proposed cost and impact of such projects." s.po6231 Page 14 EXHIBIT "A -2" s.po6231 Page 15 EXHIBIT "A -2" ELECTION PRECINCTS: POLLING PLACES: SABINE PASS SCHOOL 5641 S. Gulfway Drive (All or a portion of Jefferson County Election Precinct 32) STEPHEN F. AUSTIN SCHOOL 2441 - 61St Street (All or a portion of Jefferson County Election Precincts 33 & 34) TYRRELL ELEMENTARY 4401 Ferndale (All or a portion of Jefferson County Election Precincts 44, 47, 48, 49, 76 & 93) PORT ARTHUR PUBLIC LIBRARY 4615 Ninth Avenue (All or a portion of Jefferson County Election Precincts 45, 46, 70, 82, 95, 96, 98 & 105) PORT ARTHUR CITY HALL 444 Fourth Street (All or a portion of Jefferson County Election Precincts 50, 51, 52, 53, 54, 55, 57 & 81) ABRAHAM LINCOLN MIDDLE SCHOOL 1023 Abe Lincoln (FORMERLY LINCOLN HIGH SCHOOL) (All or a portion of Jefferson County Election Precincts 58, 59 & 104) TAFT ELEMENTARY SCHOOL 2500 Taft Avenue (All or a portion of Jefferson County Election Precincts 42, 71, 102 and a portion of Orange County Election Precinct 28) s.po6231 Page 16